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How Much Time Can Pass Before I File Bankruptcy Again?

Posted By Allmand Law Firm, PLLC || 12-Nov-2013

Can I Just Put Anything On My Petition To Get My Bankruptcy Filed In A Hurry?

If you filed bankruptcy in the past you may have questions about whether to file again. Understanding when you can file again is important to help save time and money. But, technically speaking, if you received a discharge when you filed previously, this helps in determining when you can file again, if you are looking to get another discharge.

Depending on when you want to file and the chapter, you may be eligible to file for protection again. Timeframes vary by chapter.

The following points briefly detail potential times debtors can seek protection again:

  • Chapter 7 bankruptcy: if you received a discharge through a Chapter 7 filing you may need to wait 8 years before filing this chapter again.

  • Chapter 13 bankruptcy: if you received a discharged through Chapter 13 you may need to wait 2 years before filing this chapter again.

  • Chapter 13 then Chapter 7: if your previous filing was Chapter 13 but you want to file Chapter 7, you may need to wait 6 years before filing. The wait period may be shorter if you paid unsecured creditors in full or 70 percent of your repayment plan was paid.

  • Chapter 7 then Chapter 13: if you previously filed Chapter 7 and want to file Chapter 13, you may need to wait 4 years before filing.

It is important to review timings of your previous filing with your Dallas / Fort Worth bankruptcy lawyer. If you filed in the past and received a discharged, you may need to wait the full time period before obtaining another discharge.

Reference: http://www.nolo.com/legal-encyclopedia/multiple-bankruptcy-filings-when-file-again.html

http://www.bankruptcylawnetwork.com/when-can-i-file-bankruptcy-again/

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